Posts Tagged ‘ Lawsuit’

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California Lawmaker Wants Bicyclists to be Included in Hands-Free Law

Friday, May 21st, 2010

If California’s lawmakers pass a proposed expansion of the state’s hands-free phone law, bicyclists could join drivers in receiving tickets for talking or texting while riding on streets and highways throughout California. The sponsor of the bill, Sen. Joe Simitian, D-Palo Alto, believes very strongly that California’s hands-free bill, which took effect in 2008, should include bicyclists.

“If you’re a cyclist, you’re probably not going to do as much damage if you run into somebody as you would do if you’re 5,000 pounds of steel and glass. On other hand, if you’re distracted while on the road … and swerve into oncoming traffic, you can cause a serious accident.”

If passed, the bill would double the maximum fine to $455 including fees for drivers who violate the hands-free law and add a point to that driver’s DMV record. Critics of the proposed expansion claim that the expansion is unnecessary and talking on the phone while riding a bicycle is very different than talking on a cell phone while driving.

“You’re on the side of the road where you have your own lane. The biggest danger is you may have to drop the phone,” said one bicyclist. “I try not to let my calls go to voice mail. I lose jobs that way,” he said, adding that the proposal is a “waste of tax dollars and time.”

If the measure passes, bicyclists would pay fines of $20 for the first offense and $50 for each additional offense.

Samer Habbas and other Long Beach bicycle accident lawyers strongly support any legislation that makes streets and highways safer for bicyclists, but feel that drivers who talk on cell phones while they drive are a much greater risk to bicyclists. A bicyclist has little chance to avoid serious injury when struck by an automobile. Mr. Habbas is a Southern California bicycle accident attorney dedicated to helping victims and their families recover the compensation they deserve. Call 888.848.5084 today to schedule a free consultation with California bicycle accident lawyer Samer Habbas if you or someone you care for has been injured or lost in a bicycle accident.

Resource link: California Lawmaker Wants Bicyclists to be Included in Hands-Free Law

Man Ejected from Car in Anaheim Auto Accident

Tuesday, December 29th, 2009

The Orange County Register describes an Anaheim auto accident that resulted in the ejection of a man from his vehicle onto the sidewalk after his car collided with another. The Anaheim auto accident occurred early on the afternoon of Nov. 19 when a black Chrysler Sebring heading eastbound on Broadway and a southbound green Hyundai Elantra on Loara Street entered the intersection of Broadway and Loara at the same time. Anaheim police officers investigating the accident scene said the front of the Chrysler impacted the passenger side of the Elantra, causing it to spin towards the southeastern corner of the intersection where it struck a traffic signal.

The force of the impact caused the Hyundai’s drivers to be ejected through the front passenger window of his car causing head trauma. He was taken by ambulance to UCI Medical Center in Orange. The impact caused the Chrysler to spin towards the same corner where it came to rest facing oncoming traffic. An investigating officer with the Anaheim Police Department said the female driver of the Chrysler was injured in the accident and was taken to an undisclosed hospital for treatment. Police were still investigating the Anaheim auto accident and trying to determine which driver had the right of way when the article was published.

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The Elements of Damages in Lawsuits

Tuesday, September 29th, 2009

When damages are awarded in a lawsuit, the purpose is to restore the plaintiff to the state that he or she was in prior to the defendant’s negligent acts.  California accident  attorneys like Samer Habbas are very familiar with the elements of damages in lawsuits. There is a variety of different elements to consider, such as:

  • Property damage
    If the plaintiff sustained any damage to property resulting from the defendant’s negligence, a court or jury may award a monetary sum to the plaintiff to cover that loss.
  • Physical injuries
    Damages for physical injuries is one of the more common and obvious reasons that a court or jury would award damages in a lawsuit.
  • Pain and suffering
    The pain and suffering caused by the negative actions of someone or something is also one of the more basic elements of damages in a lawsuit.
  • Loss of consortium
    Most people assume that loss of consortium applies to only to the marital relationship between husbands and wives. However, loss of consortium can also apply to other members of a family affected by the defendant’s negligent acts.
  • Loss of function
    If the negligent actions of an individual or entity result in the plaintiff losing the function of sight, smell, hearing, physical ability or some other function, this element can be one of the larger portions of damages.
  • Residual or permanent damages
    If a plaintiff can prove that the negative actions caused residual or permanent injury, the amount of damages awarded can increase significantly.

If you or someone you care for has been harmed by the negligent acts of another or if you have questions about the elements of damages in a lawsuit, contact Irvine personal injury attorney Samer Habbas today to schedule a free consultation.

How to Succeed in a Discrimination Lawsuit

Thursday, September 24th, 2009

The purpose of a discrimination case is to recover damages sustained by a victim of discrimination and to discourage the defendant person or organization from discriminating against others in the future. However, pursuing a discrimination lawsuit is not an easy task. Like all personal injury lawsuits, it is upon the plaintiff, or lawyer filing the lawsuit on behalf of the plaintiff, to carry the burden of proof. This means that there must be enough evidence to convince the court or jury that the discrimination was deliberate and that it negatively affected the plaintiff’s life or livelihood or the lives and livelihoods of a group of people. Here are some tips on how to succeed in a discrimination lawsuit:

  • Have a consultation with a lawyer who has a great deal of experience litigating discrimination cases to determine if you have valid grounds to file a lawsuit.
  • Keep detailed and accurate records of the times, dates and people who were involved with discriminatory behavior and back it up with documents connected with the incidents, if possible.
  • If the complaint is employment-based, address the discrimination with your boss or the Human Resources Department of the company and explain why you feel that you or someone else has been a victim of deliberate discrimination.
  • If your efforts to address the discrimination result in retaliatory action of any kind, try to record or otherwise document these incidents in detail.
  • With the assistance of an experienced discrimination attorney, file a discrimination lawsuit and support your case with compelling evidence that illustrates how, when and where the discrimination occurred.
  • When gathering evidence for a discrimination lawsuit, be prepared for robust opposition to your assertions.

If you have questions about a potential discrimination lawsuit, call the Law Offices of Samer Habbas for answers.  Get a free consultation from our Los Angeles Personal Injury Attorneys.

How to Pursue a Lawsuit against a Labor Union

Tuesday, September 22nd, 2009

Labor unions are supposed to look out for the best interests of their members. They negotiate contracts, ensure that their members work in safe working conditions, lobby employers for more benefits and other ostensibly noble tasks. However, like any other organization of people, labor unions occasionally violate their contracts with workers and betray the workers they are supposed to be representing in good faith. Under these circumstances, it may be necessary for a group of people or individual union members to sue their union. If you or fellow union members believe that your union has acted inappropriately in some way and betrayed your trust, here is how to pursue a lawsuit against a labor union.

  1. Hire an experienced lawyer with many years of experience practicing labor law. Discuss the matter with them to see if the grounds for a lawsuit exist. You may also contact a local law school as they sometimes allow students to assist people with questions about the law.
  2. Read California’s Rules of Civil Procedure along with any local rules that may apply if you are unable or not inclined to speak with a lawyer or law student. You can find this information online or in your local courthouse.
  3. Once you or your lawyer has prepared your complaint in accordance with legal procedure, file it with the court and bring your checkbook to pay the filing fee.
  4. The Rules of Civil Procedure will outline how to serve the complaint against the union.
  5. Through your lawyer or by yourself, prosecute your claim against the union or the court may dismiss it.

Filing a lawsuit can be a complicated procedure and your case will be dismissed if legal protocols are not observed. If you feel that you have grounds for a lawsuit against your union, the California negligence attorneys at the Law Office of Samer Habbas can help.  Contact us for a free consultation.

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